Ehsanipour
Basic Modular Facilities, Inc. v. Ehsanipour
Opinion
Opinion
Haning, J.
J.Plaintiff/appellant Basic Modular Facilities, Inc., appeals an order removing a mechanics’ lien from property owned by defendant/respondent Keihan Ala Ehsanipour.
Background
In May 1996 appellant, a licensed contractor, entered into a written contract for improvements on respondent’s property for a total contract price of $151,839. Following two change orders the final contract price was $154,884. Respondent paid appellant $137,092 under the contract, leaving a balance of $17,792.
On January 27, 1997, appellant recorded a mechanics’ lien for $18,192 against respondent’s property, but continued to work thereon until February 28, 1997. On April 17, 1997, appellant sent respondent a demand letter and billing statement seeking $245,299 as: (1) past due billings of $18,192 plus $709 in interest; (2) “extended over-head” from August 17 to December 24, 1996, of $18,891; (3) “additional work directed/required by [respondent]” of $24,319; and (4) “additional billing incurred resulting from delays/interference from [respondent]” of $183,188. Of the $183,188 amount, $24,841 represented additional subcontractor costs, and $121,710 represented the labor appellant provided. The…